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Privacy Notice

Last updated 7 Oct 2019

This Privacy Notice tells you how we, Moodle Pty Ltd, will collect and use your personal data to provide our service which allows educators, of any kind, to create a private space online, filled with tools that easily create courses and activities, all optimized for collaborative learning. The Moodle software is free and open source, and may be hosted by Moodle Pty Ltd, but also by anyone who wishes to manage an installation. This notice will tell you how Moodle Pty Ltd uses your data, but if the site you are using isn’t hosted by Moodle Pty Ltd, then your data controller will have added their own specific information to it as well, on how your data is used by them.

Who are we?

Moodle Pty Ltd is a software company which allows educators, of any kind, to create a private space online, filled with tools that easily create courses and activities, all optimized for collaborative learning. The Moodle software is open source, and may be hosted by Moodle Pty Ltd, but also by anyone who wishes to manage an installation.

What’s covered by this Privacy Notice?

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as: “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

All data subjects whose personal data is collected, in line with the requirements of the GDPR.

where Moodle Pty Ltd is hosting a website on its own behalf, it is the Data Controller for all the data collected. Where Moodle Pty Ltd is hosting someone else’s installation of the Moodle Platform (as with MoodleCloud) it is the Data Processor for the site admin for that installation.

when Moodle Pty Ltd is not hosting an installation of the software platform, it is neither the Data Controller nor the Data Processor and those duties fall on the people or organizations who have installed and are hosting those installations.

Why does Moodle Pty Ltd need to collect and store personal data?

In order for Moodle Pty Ltd to provide you with MoodleCloud and other Moodle hosted websites we need to collect personal data for correspondence purposes and/or to allow us to provide you our service(s). We are committed to ensuring that the information we collect and use is appropriate for this purpose. Moodle Pty Ltd is a company which values its users’ data protection and privacy rights and we have no interest in collecting data beyond what we need to make our service(s) work for you.

If you are going to be contacted by us for marketing purposes, we will not rely solely on this notice, but will always seek an additional confirmation from you that it’s ok to do that.

In general we collect personal data relating to you for specific purposes, with the nature of the data collected depending on your interaction with Moodle Pty Ltd. We are committed to transparency in this and have provided a very detailed breakdown of these processes in Annex 1 of this Privacy Notice.

Our legal basis for the processing of personal data are:

Article 6.1(a), GDPR, Consent

Article 6.1(b), GDPR, Contract

Article 6.1(f), GDPR, Legitimate Interest

Any legitimate interests pursued by us, or third parties we use, are as follows:

recruitment and Induction of new Candidates

emergency Contacts for people who work with us, such as employees and contractors for health and safety purposes.

health Data in respect of employees, contractors and other people who work with us

any special categories of special personal data which any user volunteers while using the Moodle systems (for example in a forum or submission)

Will Moodle Pty Ltd share my personal data with anyone else?

We may pass your personal data on to third-party service providers contracted to Moodle Pty Ltd in the course of dealing with you. We do this because there are some services, such as our video conferencing facility, which will not work unless we are able to make these transfers. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to deliver the service they provide on our and of course, your behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with Moodle Pty Ltd’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, or if it is necessary to comply with an employment contract, or we are legally required to do so. If you would like an up-to-date register of all our third-party service providers, please contact privacy@moodle.com and we will be happy to provide it.

How will Moodle Pty Ltd use the personal data it collects about me?

Moodle Pty Ltd will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Moodle Pty Ltd maintains a register of its data processes which includes a record of the data retention policy for each type of data collected and is committed to only ever trying to process the minimum amount of data needed. Moodle Pty Ltd is required to retain certain information in accordance with the Law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Can I find out what personal data Moodle Pty Ltd holds about me?

Moodle Pty Ltd at your request, can confirm what information we hold about you and how it is processed. If Moodle Pty Ltd does hold personal data about you, you can request the following information:

identity and the contact details of the person or organisation that has determined how and why to process your data.

contact details of our data protection officer in the EU, where applicable.

the purpose of the processing as well as the legal basis for processing.

if the processing is based on the legitimate interests of Moodle Pty Ltd or a third party, information about those interests.

the categories of personal data collected, stored and processed.

recipient(s) or categories of recipients that the data is/will be disclosed to.

if we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely.

the EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information. These will rely on measures approved by the EU Commission.

how long the data will be stored.

details of your rights to correct, erase, restrict or object to such processing.

information about your right to withdraw consent at any time.

how to lodge a complaint with the relevant supervisory authority.

whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.

the source of personal data if it wasn’t collected directly from you.

any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?

Moodle Pty Ltd accepts a request made through a Moodle account while the person making the request is logged in. In certain circumstances Moodle Pty Ltd could ask for additional information and the following forms of ID when information on your personal data is requested:

A colour copy of a Passport, driving licence or National ID Card

Agreeing to these terms is your Consent

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Where consent is required for Moodle Pty Ltd to process both standard and sensitive types of personal data, it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used. Agreement with this Privacy Notice and its accompanying terms and conditions (as applicable) (and any Data Processing Agreements, if they apply to you) will be considered to be explicit consent and we will keep a copy of the records of that consent for audit purposes.

Please identify your role in relation to Moodle (if you are a contractor, employee, Moodle partner, end-user, site admin etc.), and the data you wish to withdraw consent to be processed.

Disclosure

Moodle Pty Ltd will pass on your personal data to certain third parties. Moodle is a distributed, global company and it uses cloud services which may be accessed by Moodle employees in any part of the world, including our head office in Australia.

The Moodle Software platform is open source, so that anyone can install and host a copy of the software, as the data controller. In those circumstances, it will be a matter for the Data Controller to ensure they have also put the necessary safeguards in place for any international transfers outside the EU.

Third country (non-EU)/international organisation

Safeguards
in place to protect your personal data

MoodleCloud:
Australia, Global

Use
of the EU’s Standard Contract Clauses, Privacy Shield, and
binding corporate rules

Other
Moodle Sites and services

Use
of the EU’s Standard Contract Clauses, Privacy Shield, and
binding corporate rules

Other
Moodle installations, not hosted by Moodle Pty Ltd or additional
processing of data from MoodleCloud by the Data Controller

To
be provided directly to you by the Data Controller for that
installation.

Retention period

Moodle Pty Ltd will processes different forms of personal data for as long as is necessary and proportionate for the purpose for which it has been supplied and will store the personal data for the shortest amount of time possible, taking into account legal and service requirements. For further details on the retention period for any particular type of data, please contact privacy@moodle.com

Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

right of access – you have the right to request a copy of the information that we hold about you.

right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.

right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.

right to restriction of processing – where certain conditions apply to have a right to restrict the processing.

right of portability – you have the right to have the data we hold about you transferred to another organisation.

right to object – you have the right to object to certain types of processing such as direct marketing.

right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.

right to judicial review: in the event that Moodle Pty Ltd refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in the section named “Complaints” below.

Where Moodle Pty Ltd are your Data Controller, you may make a request directly to the Data Protection Officer using the email address dpo@moodle.com

Where Moodle Pty Ltd are a Data Processor, and act on behalf of a data controller (such as MoodleCloud) any requests received by Moodle Pty Ltd will be passed on to the Data Controller.

Where Moodle Pty Ltd are not involved with your data, such as where the Moodle platform has been self-hosted, you should address your requests to the data controllers of those sites since Moodle Pty Ltd will have no access to your data.

Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Moodle Pty Ltd (or third parties as described above), or how your complaint has been handled, you have the right to lodge a complaint directly with supervisory authority and also with Moodle Pty Ltd’s Data Protection Officer, Data Compliance Europe Ltd.

If you wish to make a complaint about how your personal data has been processed in MoodleCloud, or by a Self-Hosted installation of the Moodle Software you should contact your Moodle Site Admin or the Data Controller for your Moodle installation. (For example, if your university or school hosts their own Moodle site, they will be the Data Controller).

The details of Contacts for where Moodle Pty Ltd’s are the Data Controller:

Summary

Full policy

Cookies Policy

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we partner with may use cookies
on the Site, and your choices regarding cookies. Please read this Cookies Policy in conjunction with our Privacy
Notice, which sets out additional details on how we use personally identifiable information and your various
rights.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web
browser and allows the Site or a third-party to recognize you and make your next visit easier and the Site more
useful to you. Essentially, cookies are a user’s identification card for the Moodle servers. Web beacons are small
graphic files linked to our servers that allow us to track your use of our Site and related functionalities. Cookies
and web beacons allow us to serve you better and more efficiently, and to personalize your experience on our
Site.

Cookies can be "persistent" or "session" cookies.

Why does Moodle Pty Ltd need to collect and store personal data?

In order for us to provide you with MoodleCloud and other Moodle Hosted websites we need to collect personal data
for correspondence purposes and/or to allow us to provide you our service. In any event, we are committed to
ensuring that the information we collect and use is appropriate for this purpose. Moodle is a company which values
its user’s data protection and privacy rights and we have no interest in collecting data beyond what we need to make
the Moodle Services work for you.
If you are going to be contacted by us for marketing purposes, we will not rely solely on this notice, but will
always seek an additional confirmation from you that it’s OK to do that.

How Moodle uses cookies

When you use and access the Site, we may place a number of cookies files in your web browser.

Moodle uses or may use cookies and/or web beacons to help us determine and identify repeat visitors, the type of
content and sites to which a user of our Site links, the length of time each user spends at any particular area of
our Site, and the specific functionalities that users choose to use. To the extent that cookies data constitutes
personally identifiable information, we process such data on the basis of your consent.

We use both session and persistent cookies on the Site and we use different types of cookies to run the Site:

Essential cookies. Necessary for the operation of the Site. We may use essential cookies to authenticate
users,
prevent fraudulent use of user accounts, or offer Site features.

Analytical/performance cookies. Allow us to recognize and count the number of visitors and see how
visitors move
around the Site when using it. This helps us improve the way the Site works.

Functionality cookies. Used to recognise you when you return to the Site. This enables us to personalise
our
content for you, greet you by name, and remember your preferences (for example, your choice of language or
region).

Targeting cookies. Record your visit to the Site, the pages you have visited, and the links you have
followed.
We will use this information to make the Site and the more relevant to your interests. We may also share this
information with third parties for this purpose.

Third-party cookies

In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Site.

What are your choices regarding cookies

If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages
of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use some or all
of the features we offer. You may not be able to log in, store your preferences, and some of our pages might not
display properly.

Cookies Table

The tables below list some of the internal and third-party cookies we use. As the names, numbers, and purposes of
these cookies may change over time, this page may be updated to reflect those changes. For more information on how
we use these cookies, please refer to our Cookies Policy (above).

MoodleCloud Cookies

Host Name

Cookie Name

Purpose

MoodleCloud

viewed_cookie_policy

Tracking. Remember that the user has accepted the cookie policy.

PHPSESSID

Essential. Required to keep current user authentified to the portal.

subdomain_username

Functionality. Pre-fills the last username used by the user when login.

Moodle Cookies

Host Name

Cookie Name

Purpose

[site].moodlecloud.com
[site].moodle.school

MoodleSession[site]

Essential. Required to keep current user authenticated with Moodle and keep session alive.